Opinion
No. 127475.
July 14, 2005.
Summary Dispositions.
SC: 127475.
In lieu of granting leave to appeal, the decision of the Court of Appeals is vacated. MCR 7.302(G)(1). The first sentence of MCL 418.331(b) confers a conclusive presumption of dependency only on a child who was living with the parent at the time of the parent's death. The matter is remanded to the Worker's Compensation Appellate Commission to determine whether plaintiff met her burden of proving that her daughter is the child of the decedent and, if so, whether the daughter is a conclusively presumed dependent under any other provision of MCL 418.331(b). Jurisdiction is not retained. Reported below: 264 Mich App 123.